Jaspal Singh, J. - (1.) THE present appeal emanates from the judgment of conviction dated August 31, 2009 and order of sentence dated September 02, 2009, whereby, appellant was convicted for the offences under Sections 302 and 326 of Indian Penal Code (for short "IPC") and was sentenced to undergo rigorous imprisonment for life with fine of Rs. 5000/ - and in default, thereof, to further undergo RI for six months for an offence under Section 302 IPC and to undergo RI for ten years with fine of Rs. 2500/ - and in default, thereof, to further undergo imprisonment for three months for an offence under Section 326 IPC. The substantive sentences were ordered to fun concurrently and period of detention already undergone by convict was ordered to set off from his substantive sentence of imprisonment, under Section 428 of the Code of Criminal Procedure (in short "Cr.P.C ''). In nutshell, the case of prosecution, as reported by Megh Nath -complainant is that he hails from village Dharambadi, District Simrega (Jharkhand) and is employed at Stud Farm at village Mohra. Some temporary houses have been constructed for the residence of labourers in one corner of the Stud Farm. He, as well as appellant and some other labourers resided in those houses.
(2.) ON , November 26, 2008 at about 5.00 A.M. he was going to serve feed to horses and accused/appellant came out of his house while armed with an axe (kulhari) and inflicted a blow of axe from its reverse side at his back. He raised an alarm and tried to fled away but he was chased by accused/appellant. On hearing shrieks, Sunita daughter of accused/appellant aged 8 years came out of her house. The accused/appellant dealt kulhari blow on the person of Sunita which landed on her right parietal region. Due to impact of injuries, she died at the spot. Sumari wife of accused also attracted to the spot. She was also attacked by the accused/appellant with kulhari and she sustained injuries on her head. Kishori and Brij Lal also attracted to the scene of occurrence. All of them tried to intercept accused/appellant but he escaped from the spot towards the fields in the darkness while wielding kulhari. When Megh Raj @ Megh Nath was going to the police station to lodge report, SI Suraj Bhan met him on the way near railway crossing. He got recorded his statement Ex. PK with SI Suraj Bhan. The contents of his statement Ex. PK were read over and explained to Megh Nath. Statement of Megh Nath was sent to police station by making endorsement Ex. P2, on the basis of which formal FIR Ex. PK/1 was reduced into writing and the investigation was put into motion. During investigation of this case, SI Suraj Bhan conducted the spot inspection in the presence of complainant -Megh Nath and other witnesses. In the meanwhile, he also received ruqa Ex. PE from Civil Hospital, Ambala Cantt, in pursuance of which, he visited there but came to know that injured -Sumari was shifted to Civil Hospital, Ambala City and, thereafter to Government Medical College and Hospital (in short "GMCH"), Sector 32, Chandigarh. He also prepared rough site plan of the place of occurrence Ex. PU. Inquest report Ex. PV was also prepared by him in respect of corpse of Sunita @ Kanya. He lifted blood stained earth from the place where the corpse of Sunita @ Kanya was lying as well as from the place where injured -Sumari @ Kamla fell down on sustaining injuries. The blood stained earth so lifted as well as simple earth were converted into separate sealed parcels and were taken into possession vide memo Ex. P.R. He also got clicked photographs of the dead body of Sunita @ Kanya from Vijay Taneja, Photographer, who subsequently, produced the photographs Ex. P2 to Ex. P5. The corpse of Sunita @ Kanya was despatched to Civil Hospital, Ambala Cantt for autopsy along with request Ex. PG. Dr. Ashok Kumar Sharma conducted the autopsy on the corpse of Sunita @ Kanya and prepared autopsy report Ex. PG/1. Investigating Officer also arrested the accused/appellant and subjected him to custodial interrogation during which, he suffered disclosure statement Ex. PS to the effect that he has kept concealed kulhari in the sugarcane fields of Kartar Singh about which, he has got an exclusive knowledge and could get the same recovered. Subsequently, in pursuance of disclosure statement Ex. PS of accused/appellant he got recovered kulhari from the pre -disclosed place. Sketch of kulhari Ex. PO was prepared and after converting into parcel, it was taken into possession vide memo Ex. PQ. He also prepared rough site plan of the place of recovery of kulhari. He also recorded statements of witnesses and on return to police station, deposited the sealed parcel containing kulhari with MHC. He also took into possession wearing apparels of deceased removed from the corpse i.e. Jean, shirt and jersey smeared with blood. The statement of Sumari @ Kamla was also recorded by him while visiting GMCH, Chandigarh when she was declared fit to make statement on December 04, 2008. Investigating Officer also recorded the statement of various witnesses associated in the investigation of this case.
(3.) FINDING a prima facie case from the report under Section 173(2) of the Code of Criminal Procedure and documents annexed with it, appellant was charged to face trial under Section 302 and 326 IPC. He did not plead guilty to the charge and claimed trial.;